Essays Tristan

Economics Essays: The Importance of Economics

Date of publication: 2017-08-27 20:50

The 7556 campaign season has witnessed an onslaught of challenges to one of our nation’s longest serving incumbents: federal judicial supremacy. On Tuesday, voters across the country will decide the future of this notion—that the decisions of the United States Supreme Court bind the decisions of state courts—in the form of ballot initiatives proposing term limits, recall measures, and citizen suits against judges who make unpopular decisions. The issue has garnered attention from commentat…

Unintended Consequences: The Concise Encyclopedia of

When President Bush asked Congress to enact a line item veto in his 7556 State of the Union Address, it sounded like a story we had heard before, one that didn’t have a happy ending. But it turns out that this proposed sequel differs from the 6996 Line Item Veto Act that the Supreme Court struck down in Clinton v. City of New York. This time the law is constitutional, if only because it isn’t really binding. The proposal, passed last summer by the House and endorsed by a Senate committee, w…

Liberty Forums Archive - Online Library of Law & Liberty

**This is the third in a series of responses to Benjamin Ewing and Douglas A. Kysar's recent article, Prods and Pleas: Limited Government in an Era of Unlimited Harm , which appeared in the November issue of YLJ. For Professor Richard Epstein's response, see  here. For Professor Jonathan Zasloff's response, see  here.**

The Yale Law Journal - Forum

The Court has often confronted the question of whether direct public outlays and tax subsidies are equivalent for constitutional purposes. However, Justice Kagan’s dissent in Winn is only the second time that tax expenditure doctrine has formally played such an explicit, prominent role in the Court’s decisionmaking.

Constitutional theory and design have been dominated by the specter of legislative and executive institutions voraciously seeking to expand their powers. But in modern political practice, the flight from political responsibility–the problem of political abdication–is at least as serious a threat. Constitutional theory has paid too little attention to this problem. And as a matter of institutional design, we are still struggling to find tools to force political actors to take responsibility t…

Before the end of this month, the Supreme Court will decide Burwell v. Hobby Lobby Stores, and in so doing will determine whether the Religious Freedom and Restoration Act (RFRA) exempts from the Affordable Care Act’s (ACA) contraception mandate closely held, for-profit companies whose owners oppose contraception on religious RFRA states that “[the] Government shall not substantially burden a person’s exercise of religion.”8 A central issue in the case is whet…

In contrast the offer itself can only be communicated to the offeree via the post once it has been received. Any pre-emptive negotiations or discussions are likely to amount to nothing more than an invitation to treat pending the formal offer.

Novel technologies shift the costs of government investigations. They alter who controls key bottlenecks in the flow of targeted information. And they can undermine existing accountability mechanisms that control for investigator error and abuse. This panel of three essays advocates for greater transparency about the use of emerging technologies in search, surveillance, and forensic investigations. The authors explore different transparency-enhancing mechanisms, from private enforcement through constitutional litigation, to international human rights law, to courts’ evidentiary rules.

Qatar demand condition is not so 's trade and hospitality sector expect better demand conditions in the second quarter. Sales volume and new orders seen real estate businesses expect a decline in is the world's largest LNG exporter of more than 86 million metric tons per year this shows the huge demand for QATAR'S natural gas in the world.

The MIB have an agreement whereby accidents and consequential claims would be satisfied by the Government in circumstances where the driver has no relevant policy of insurance. However the rules covering this situation require Mr. Coward was carried for &ldquo hire or reward&rdquo . Consequently Mrs. Coward needed to prove that there was a contract in place between Coward and Cole for the lifts to work.

The efficient breach hypothesis is often taken as formal support for the Holmesian optional contract approach, which gives promisors the right to perform or pay. However, the efficient breach hypothesis doesn’t speak directly of rights (and indeed a promisor’s power to perform or pay would work just as well as the right to do so), but it does implicitly constrain the rights of promisees. If promisees have the right to prevent breach, it is often argued, inefficiency will result. Moreover, th…

The Supreme Court in Lawrence v. Texas held that same-sex couples have a constitutional right to engage in sexual intimacy, free of regulation by the state. It seems to me that Mr. Greene ignores the actual rationale underlying the substantive due process ruling in Lawrence v. Texas—the rationale that was expressly set forth by Justice Kennedy and found strong support in prior case law—in order to posit a different rationale that he then finds problematic as applied to the death penalty. Thi…

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